[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Pages 50858-50861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23866]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-053]
Antidumping Duty Investigation of Certain Aluminum Foil From the
People's Republic of China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value and Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that certain aluminum foil
[[Page 50859]]
(aluminum foil) from the People's Republic of China (PRC) is being, or
is likely to be, sold in the United States at less-than-fair value
(LTFV). The period of investigation is July 1, 2016, through December
31, 2016. The estimated weighted-average dumping margins are shown in
the ``Preliminary Determination'' section of this notice. We invite
interested parties to comment on this preliminary determination.
DATES: Applicable November 2, 2017.
FOR FURTHER INFORMATION CONTACT: Tom Bellhouse or Michael J. Heaney,
AD/CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone (202) 482-2057 and (202)
482-4475, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this LTFV
investigation on March 30, 2017.\1\ For a complete description of the
events that followed the initiation of this investigation, see the
Preliminary Decision Memorandum that is dated concurrently with this
determination and is hereby adopted by this notice.\2\ A list of topics
included in the Preliminary Decision Memorandum is included as Appendix
I to this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room
B8024 of the main Department of Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be found at
http://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and electronic version of Preliminary Decision Memorandum
are identical in content.
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\1\ See Certain Aluminum Foil from the People's Republic of
China: Initiation of Less-Than-Fair-Value Investigation, 82 FR 15691
(March 30, 2017) (Initiation Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Antidumping Duty Investigation of Certain
Aluminum Foil from the People's Republic of China,'' dated
concurrently with this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is aluminum foil from the
PRC. For a complete description of the scope of this investigation, see
Appendix II.
Scope Comments
In accordance with the preamble to the Department's regulations,\3\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., ``scope'').\4\ We received
comments from three interested parties on April 18, 2017,\5\ as well as
rebuttal scope comments filed by The Aluminum Association Trade
Enforcement Working Group (the petitioner) on April 28, 2017.\6\ We
received no other comments on scope since publication of the Initiation
Notice. The Department has decided preliminarily to not modify the
scope language as it appeared in the Initiation Notice.\7\
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\3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\4\ See Initiation Notice, 82 FR at 15692.
\5\ See Letter from MAHLE Behr Troy Inc., ``Comments on Scope of
the Investigation: Certain Aluminum Foil from the People's Republic
of China,'' dated April 18, 2017; see also Letter from Valeo North
America, Inc., ``Aluminum Foil from the People's Republic of China:
Request for Confirmation of Scope Exclusion for Automotive Fin
Stock,'' dated April 18, 2017, and Letter from Jiangsu Zhongji
Lamination Materials Co., (HK) Ltd., Jiangsu Zhongji Lamination
Materials Co., Ltd., and Jiangsu Zhongji Lamination Materials Stock
Co., Ltd., ``Certain Aluminum Foil from the People's Republic of
China: Request that Aluminum Foil of a Thickness Below .0003'' Be
Excluded from the Scope or Treated as a Separate Class or Kind of
Merchandise,'' dated April 18, 2017.
\6\ See Letter from the Petitioner, ``Certain Foil from the
People's Republic of China Petitioners' Scope Rebuttal Comments,''
dated April 28, 2017.
\7\ See Memorandum to James Maeder, ``Certain Aluminum Foil from
the People's Republic of China: Scope Comments Decision Memorandum
for the Preliminary Determinations,'' dated October 26, 2017.
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Methodology
The Department is conducting this investigation in accordance with
section 731 of the Tariff Act of 1930, as amended (the Act). We
calculated export prices in accordance with section 772 of the Act.
Because the PRC is a non-market economy within the meaning of section
771(18) of the Act, we calculated normal value (NV) in accordance with
section 773(c) of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice, the Department stated that it would
calculate combination rates for the respondents that are eligible for a
separate rate in this investigation.\8\ Policy Bulletin 05.1 describes
this practice.\9\
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\8\ See Initiation Notice, 82 FR at 15695.
\9\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination
The preliminary weighted-average antidumping margins are as
follows:
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Weighted- Cash deposit
average adjusted for
Producer Exporter margin subsidy offset
(percent) (percent)
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Jiangsu Dingsheng New Materials Joint-Stock Jiangsu Dingsheng New Materials 162.24 149.64
Co., Ltd./Hangzhou Teemful Aluminum Co., Ltd./ Joint-Stock Co., Ltd./Hangzhou
Inner Mongolia Liansheng New Energy Material Teemful Aluminum Co., Ltd./
Joint-Stock Co., Ltd./Hangzhou Five Star Inner Mongolia Liansheng New
Aluminum Co., Ltd./Dingsheng Aluminum Energy Material Joint-Stock
Industries (Hong Kong) Trading Co. Ltd./ Co., Ltd./Hangzhou Five Star
Walson (HK) Trading Co., Limited/Hangzhou Aluminum Co., Ltd./Dingsheng
Dingsheng Import & Export Co., Ltd.\10\ Aluminum Industries (Hong Kong)
Trading Co. Ltd./Walson (HK)
Trading Co., Limited/Hangzhou
Dingsheng Import & Export Co.,
Ltd.
Jiangsu Zhongji Lamination Materials Stock Jiangsu Zhongji Lamination 96.81 86.27
Co., Ltd./Jiangsu Huafeng Aluminium Industry Materials Co., (HK) Ltd.
Co., Ltd.\11\
Jiangsu Alcha Aluminum Co., Ltd............... Alcha International Holdings 138.16 126.59
Limited.
Baotou Alcha Aluminum Co., Ltd................ Alcha International Holdings 138.16 126.59
Limited.
Jiangyin Dolphin Pack Ltd. Co................. Jiangyin Dolphin Pack Ltd. Co... 138.16 126.59
Granges Aluminum (Shanghai) Co., Ltd.......... Granges Aluminum (Shanghai) Co., 138.16 126.59
Ltd.
[[Page 50860]]
Huafon Nikkei Aluminium Corporation........... Huafon Nikkei Aluminium 138.16 126.59
Corporation.
Suntown Technology Group Limited.............. Hunan Suntown Marketing Limited. 138.16 126.59
Luoyang Longding Aluminium Industries Co., Ltd Luoyang Longding Aluminium 138.16 126.59
Industries Co., Ltd.
Shandong Yuanrui Metal Material Co., Ltd...... Shandong Yuanrui Metal Material 138.16 126.59
Co., Ltd.
Suntown Technology Group Limited.............. SNTO International Trade Limited 138.16 126.59
North China Aluminum Co., Ltd., Hunan Suntown Suzhou Manakin Aluminum 138.16 126.59
Marketing Limited, and Guangxi Baise Xinghe Processing Technology Co., Ltd.
Aluminum Industry Co., Ltd.
Xiamen Xiashun Aluminium Foil Co. Ltd......... Xiamen Xiashun Aluminium Foil 138.16 126.59
Co. Ltd.
Yantai Donghai Aluminum Foil Co., Ltd......... Yantai Jintai International 138.16 126.59
Trade Co., Ltd.
Yinbang Clad Material Co., Ltd................ Yinbang Clad Material Co., Ltd.. 138.16 126.59
Zhejiang Zhongjin Aluminum Industry Co., Ltd.. Zhejiang Zhongjin Aluminum 138.16 126.59
Industry Co., Ltd.
PRC-Wide Entity............................... ................................ 162.24 151.70
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of aluminum foil from the PRC as described in the scope of the
investigation section entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice in the
Federal Register. The suspension of liquidation will remain in effect
until further notice.
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\10\ The Department preliminarily determines that Jiangsu
Dingsheng New Materials Joint-Stock Co., Ltd., Hangzhou Teemful
Aluminium Co., Ltd., Hangzhou Five Star Aluminium Co., Ltd., Inner
Mongolia Liansheng New Energy Material Joint-Stock Co., Ltd.,
Dingsheng Aluminum Industries (Hong Kong) Trading Co. Ltd., Walson
(HK) Trading Co., Limited, and Hangzhou Dingsheng Import & Export
Co., Ltd. are a single entity (collectively, Dingsheng). See
Preliminary Decision Memorandum.
\11\ The Department preliminarily determines that Jiangsu
Zhongji Lamination Materials Stock Co., Ltd. and Jiangsu Huafeng
Aluminium Industry Co., Ltd. are a single entity (collectively,
Zhongji). See Preliminary Decision Memorandum.
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Disclosure and Public Comment
We will disclose to interested parties the calculations performed
in this proceeding within five days of the date of announcement of this
preliminary determination in accordance with 19 CFR 351.224(b). Case
briefs or other written comments on the preliminary determination
described above may be submitted to the Assistant Secretary for
Enforcement and Compliance no later than seven days after the date on
which the last verification report is issued in this proceeding.\12\
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than five days after the deadline date for case
briefs.\13\
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\12\ See 19 CFR 351.309 (b)(2)(c)(i).
\13\ See 19 CFR 351.309, see also 19 CFR 351.303 (for general
filing requirements).
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Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\14\ This summary should be limited to five pages total,
including footnotes.
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\14\ See 19 CFR 351.309(c)(2) and (d)(2).
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Interested parties who wish to request a hearing must do so in
writing within 30 days after the publication of this preliminary
determination in the Federal Register.\15\ Requests should contain the
party's name, address, and telephone number; the number of
participants; and a list of the issues to be discussed. If a request
for a hearing is made, the Department intends to hold the hearing at
the U.S. Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230, at a date, time, and location to be determined.
Parties will be notified of the date, time, and location of any
hearing.
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\15\ See 19 CFR 351.310(c).
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Parties must file their case and rebuttal briefs, and any requests
for a hearing, electronically using ACCESS.\16\ Electronically filed
documents must be received successfully in their entirety by 5:00 p.m.
Eastern Time on the due dates established above.\17\
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\16\ See 19 CFR 351.303(b)(2)(i).
\17\ See 19 CFR 351.303(b)(1).
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Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of the Department's regulations
requires that requests by respondents for postponement of a final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
Respondents Dingsheng and Zhongji requested that, in the event of
an affirmative preliminary determination in this investigation, the
Department postpone its final determination, i.e., issue its final
determination no later than 135 days after the publication of the
preliminary determination in the Federal Register, and that the
Department extend the application of the provisional measures
prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2),
from a four-month period to a period not to exceed six months.\18\
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\18\ See Letter from Dingsheng, ``Dingsheng's Request to Extend
the Final Determination in the Antidumping Duty Investigation of
Aluminum Foil from the People's Republic of China, A-570-053,''
dated September 6, 2017; see also Letter from Zhongji, ``Certain
Aluminum Foil from the People's Republic of China: Request to
Postpone Final Determination,'' dated September 6, 2017.
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In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) Our preliminary determination is
affirmative; (2) the requesting exporters account for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, we are postponing the final determination
until no later than February 22, 2018, and are extending the
provisional measures from a four-month period to a period not greater
than six months.\19\
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\19\ See 19 CFR 351.210(b)(2) and (e).
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International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we will notify the
International
[[Page 50861]]
Trade Commission (ITC) of our preliminary determination of sales at
LTFV. If our final determination is affirmative, the ITC will determine
before the later of 120 days after the date of this preliminary
determination or 45 days after our final determination whether these
imports are materially injuring, or threaten material injury to, the
U.S. industry.
Determination of Non-Market Economy Status
As part of this investigation, the Department initiated an inquiry
into whether the PRC should continue to be treated as a nonmarket
economy (NME) country under the antidumping and countervailing duty
laws. The Department provided an opportunity for the public to comment
and submit information with respect to the PRC on the six factors
enumerated by section 771(18)(B) of the Act, which the Department must
take into account in making a market/nonmarket economy determination.
The Department has completed its inquiry and concludes that the PRC is
a NME country because it does not operate sufficiently on market
principles to permit the use of prices and costs in that country for
purposes of the Department's antidumping analysis.\20\ Having already
solicited and considered comments from the public, the Department will
not revisit its analysis or consider further comments from interested
parties on its conclusion that the PRC is a NME country in the final
determination.
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\20\ See Memorandum to Gary Taverman, ``China's Status as a Non-
Market Economy,'' dated October 26, 2017.
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This determination is issued and published in accordance with
sections 733(f) and 777(i)(I) of the Act and 19 CFR 351.205(c).
Dated: October 26, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, Performing the Non-Exclusive Functions and Duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Postponement of Final Determination and Extension of Provisional
Measures
VII. Discussion of the Methodology
A. Non-Market Economy Country
B. Surrogate Country and Surrogate Values
C. Separate Rates
D. Combination Rates
E. Collapsing and Affiliation
F. The PRC-Wide Entity
G. Application of Facts Available and Adverse Inferences
H. Date of Sale
I. Comparisons to Fair Value
J. Normal Value
K. Factor Valuation Methodology
L. Determination of the Comparison Method
VII. Currency Conversion
VIII. Adjustment under Section 777A(F) of the Act
IX. Adjustment for Countervailable Subsidies
X. Disclosure and Public Comment
XI. Verification
XII. Conclusion
Appendix II
Scope of the Investigation
The merchandise covered by this investigation is aluminum foil
having a thickness of 0.2 mm or less, in reels exceeding 25 pounds,
regardless of width. Aluminum foil is made from an aluminum alloy
that contains more than 92 percent aluminum. Aluminum foil may be
made to ASTM specification ASTM B479, but can also be made to other
specifications. Regardless of specification, however, all aluminum
foil meeting the scope description is included in the scope.
Excluded from the scope of this investigation is aluminum foil
that is backed with paper, paperboard, plastics, or similar backing
materials on only one side of the aluminum foil, as well as etched
capacitor foil and aluminum foil that is cut to shape.
Where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set forth above. The products under investigation are currently
classifiable under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 7607.11.3000, 7607.11.6000, 7607.11.9030,
7607.11.9060, 7607.11.9090, and 760.19.6000. Further, merchandise
that falls within the scope of this proceeding may also be entered
into the United States under HTSUS subheadings 7606.11.3060,
7606.11.6000, 7606.12.3045, 7606.12.3055, 7606.12.3090,
7606.12.6000, 7606.91.3090, 7606.91.6080, 7606.92.3090, and
7606.92.6080. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope of this proceeding is dispositive.
[FR Doc. 2017-23866 Filed 11-1-17; 8:45 am]
BILLING CODE 3510-DS-P